Judges Raise Concerns About Proposal to Open Up Their Settlements
"Some CJA members have expressed concern that the disclosure of settlement agreements would be contrary to the understanding that the agreements would remain confidential despite case law interpreting" open records rules, the California Judges Association said in a comment about the proposal.
May 08, 2018 at 07:35 PM
3 minute read
The original version of this story was published on The Recorder
While expressing “full support” for a court proposal to disclose settlements involving judges accused of harassment, the California Judges Association said would-be amendments to judiciary rules go too far.
The proposed changes to Rule of Court 10.500, unveiled by a committee last month, would make public all judicial misconduct settlements—not just those related to harassment—dating back to Jan. 1, 2010. The committee said state public records laws require an expansive approach to disclosing publicly funded settlements.
The Judicial Council on Tuesday released public comments about the proposal. The California Judges Association, or CJA, weighed in.
“Some CJA members have expressed concern that the disclosure of settlement agreements would be contrary to the understanding that the agreements would remain confidential despite case law interpreting” open records rules, CJA president Stuart Rice, a Los Angeles County Superior Court judge, wrote in the public comment.
The amendments should focus solely on settlements involving harassment claims, Rice said, not all forms of judicial misconduct. The expansive language “would require the release of settlement agreements that resolve frivolous and/or meritless claims in order to avoid litigation and thereby save the public additional and needless expenditures,” Rice wrote.
The judges association's comments were among five filed by bench officers and court executives from around the state. Most letters expressed similar themes. They support the chief justice's goal of holding wrongdoing judges accountable, but they want strict limitations on what has to be released to the public.
“Possibly the work group could consider a threshold figure of settlements under $50,000 to be excluded from disclosure,” Shasta County Superior Court executive officer Melissa Fowler-Bradley wrote. “Absent such … there is potential for abuse by persons filing meritless claims that will have to be disclosed (for example a dishonest candidate setting up a situation against a judge running for re-election).”
Los Angeles County Superior Court Presiding Judge Daniel Buckley said his court agrees that the names of judges who enter into settlement agreements for harassment or discrimination claims should be released. But any information about complaints, evaluations and investigations of judicial officers should remain secret, he wrote.
“It would be inconsistent with the constitutional structure of the” Commission on Judicial Performance “to require disclosure of investigations required in support of the CJP unless and until there is public discipline,” Buckley wrote. “An effective judicial discipline system requires seamless integration of these responsibilities with those of the CJP.”
The group that drafted the proposed rule changes, as well as the Judicial Council's Rules and Projects Committee, will consider the comments and make possible changes before the final amendments are sent to the full Judicial Council on May 24.
Read more:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTravis Lenkner Returns to Burford Capital With an Eye on Future Growth Opportunities
Legal Speak's 'Sidebar With Saul' Part V: Strange Days of Trump Trial Culminate in Historic Verdict
1 minute readLegal Speak's 'Sidebar with Saul' Part IV: Deliberations Begin in First Trump Criminal Trial
1 minute readJosh Partington of Snell & Wilmer Is in Fact a Rock Star in the Office (and Out of It)
1 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250